CFTB.CA USER AGREEMENT
Welcome to the cftb.cawebsite, an online hospitality/service industry job web site that connects workers and employers. cftb.ca is fully owned and operated by The Ready Group Inc. operating as Connect For The Best (“CFTB”), a corporation incorporated pursuant to the laws of Ontario. By registering a user account on cftb.ca, you agree to be bound by this User Agreement. If you wish to use any services provided by CFTB, please read this User Agreement and acknowledge your acceptance in the sign-up page.
CFTB IS NOT AN EMPLOYMENT AGENCY OR A TEMP AGENCY. WE DO NOT HIRE WORKERS. OUR SERVICES ARE RESTRICTED TO CONNECTING WORKERS WITH POTENTIAL EMPLOYERS.CFTB DOES NOT GUARANTEE ANY RESULTS, IN TERMS OF RESUME LEADS OR FULFILLING POSITIONS, FROM THE USE OF CFTB.CA.
2. Definition of an Employer. An Employer is any individual, business or company or an agent or employee of an individual, business or company that uses cftb.ca for the purpose of posting available hospitality/service industry jobs/shifts and/or searching hospitality resumes posted on cftb.ca. Employers may have multiple departments. Employers may also be referred to as a ‘User’ or ‘Users’, an ‘Account Holder’ or ‘Account Holders’ or a ‘Recruiter’ or ‘Recruiters’.3. Definition of Worker. A Worker is any individual who uses cftb.ca for the purpose of searching and applying for hospitality/service industry jobs/shifts provided by Employers using cftb.ca.
4. User Accounts. Each user account is connected to a single email address. An Employer may have multiple user accounts provided that the required fee is paid for each user account. It is recommended that each department within an Employer have an individual account to facilitate the timely connections of last minute shifts. Each account may post unlimited shifts for an unlimited number of job titles. Attempts to create multiple employer accounts or different user names or aliases to avoid payment or manipulate CFTB’s system in any way may result in termination of all accounts without notice, and being banned from further use of cftb.ca. Employers may not create Worker accounts for any reason including any attempt to gain access to other employer information or job postings found on cftb.ca. User accounts may be registered for the following durations:
(ii) Three Months; or,
(iii) One Year.
User accounts may be renewed. CFTB will send a renewal notice to users at least one (1) week prior to the expiration of the user account.
5. Posting of shifts.Employers may post shifts on cftb.ca. A shift is a one time engagement of a Worker by an Employer.
6.Posting of jobs.Employers may post jobs on cftb.ca. A job posting is a notice of an opportunity of engagement in either a full time or part time capacity. Job postings on cftb.ca shall expire 30 days from the date the job was posted.
8. Service Eligibility. To be eligible to register a user account, you represent and warrant the following criteria:
(i)have and maintain a place of business physically located in Canada and are eligible and permitted to use cftb.ca
(ii) will use cftb.ca to solicit staff to work in your business in Canada;
(iii) are not currently restricted from using cftb.ca or not otherwise prohibited from having a user account;
(iv) are not a competitor of CFTB or are not using cftb.ca for reasons that are in competition with CFTB;
(v) will only maintain one user account associated with your email address at any given time;
(vi) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party;
(vii) will not violate any rights of CFTB, including intellectual property rights such as copyright or trade-mark rights; and
(viii) agree to provide at your cost all equipment, software and internet access necessary to use cftb.ca.
Businesses or companies that operate multiple locations under licensing, franchise or any other agreements may also use cftb.ca, as long as it is for the purpose of recruiting for one or more of their locations. Any third party businesses, companies or agencies that wish to use cftb.ca for the purpose of building a database of resumes, or are attempting to resell any information collected on cftb.ca, are strictly prohibited from using cftb.ca.
10. Fees. Employers shall pay all fees/payments associated with registering a user account on cftb.caregardless of the results received from using cftb.ca. These fees are outlined on cftb.ca.
11. Payment. Employers who pay with a personal or company credit card for any or all servicesmust pay for each service in full at the time the service is requested. Employerschoosing to pay using the invoicing option, fees relating to each service used, which will be detailed within the invoice, must be paid in full within seven days from the invoice date. If payment is not made the user account may be put on suspension and continue to be suspended until the fee has been paid. A suspension will not allow Employers to view current posted jobs and applicants relating to those jobs. If Employers fail to pay the account within 30 days from the date invoices were issued, CFTB reserves the right to terminate the account and ban theEmployers from further use of cftb.cauntil the account is paid and to pursue all means necessary to collect all outstanding payments, including any interest, collection and/or court/legal fees incurred.
12.Posting Jobs and Shifts. Once a job/shifthas been posted on cftb.ca, and one Worker has applied,the posting cannot be edited, altered, deleted or canceled, unless using the invoicing option and the job has not gone live. If the job has gone live and the Employer believes that any information may be incorrect, the Employer may contact CFTB to request to edit the job posting. A CFTB representative will assess each change on a case by case basis and decide if any changes can be made. There are no guarantees that a live job posting can be edited. If and when available, Employers can choose to suspend a job posting, but only without refund or credit. Suspending a job posting will not suspend the time that it will expire. The job posting will still expire 30 days from the date the job was originally posted.
13. Searching. Employers may choose to use the search by job title or by calendar date service when and if available. In order to use this service, payment must be made by credit card in full at the time of requesting the use of the service. Once Employers have paid to use this service, they will have access to search the resume database on cftb.cato find potential Workers who may meet their specific criteria for employment. Similar to posting a job, this service will expire within its scheduled time as specified within the website. Employers are not entitled to refunds and there are no guarantees that they will receive any results. Employers may cancel this service by simply discontinuing use of the service. Discontinuing use of this service will not suspend the time that the service will expire. The service will still expire at its regular scheduled date.
14. Employment History and References.Workers may post details about their employment history and references on their profiles.CFTB makes reasonable efforts to verify the accuracy of the references submitted by Workers however CFTB must rely on the validity of the information submitted by the Worker. CFTB cannot represent or warrant that the information posted by a Workeris true and CFTB is not liable for any damages or claims arising from references. A worker profile will not be visible to Employers until a minimum of one reference has been verified by CFTB.
15. Recommendations.Recommendations are solicited by a Worker either from a previous employer or co-worker and the responses are visible to both Workers and Employers. CFTB does not verify recommendations.CFTB is not liable for any damages or claims arising from recommendations.
16. Testimonials. Users of cftb.ca can give testimonials to other users and such testimonials are based on a scale of 1 to 5. The testimonials given byEmployers that have previously used a Worker are their experience and opinion and are not warranted by CFTB.
17. Refunds. There are absolutely no refunds for any services on cftb.ca regardless of the number of results received from using cftb.ca. If an Employer has posted a job and received absolutely zero responses from Workers for the job posting, CFTB will, upon the Employer’s written request to do so, at no cost to the Employer extend the duration of the user account for a period of one (1) additional month, one time only. If an Employer chooses to use the Search Resume service and does not find any candidates that are suitable to fill their positions, the Employer is not entitled to a refund.
18. Registration and Password. You agree to:
(i) keep your password secure and confidential;
(ii) not permit others to use your user account;
(iii) refrain from using or attempting to use other cftb.ca users’ accounts;
(iv)refrain from selling, trading or otherwise transferring your user account to another party; and
(v) refrain from charging anyone for access to any portion of cftb.ca or any information therein.
20. Copyright Policy. Employers may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if an Employer believes that their work has been copied and posted on cftb.ca in a way that constitutes copyright infringement, they must provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that is claimed to havebeen infringed; a description of where the material that claims to be infringing is located on cftb.ca; the Employer address, telephone number, and email address; a written statement by the Employer that they have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by the Employer, made under penalty of perjury, that the above information in their notice is accurate and that they are the copyright owner or are authorized to act on the copyright owner's behalf.
22. Disclaimers. cftb.ca is the platform by which an Employer and Worker may be connected and all information and services on cftb.ca is provided on an “as is” and “as available” basis. CFTB does not provide any express warranties or representations. CFTB is not responsible for the conduct, whether online or offline, of any user or account holder of cftb.ca including any Employer or Worker. CFTB makes no representations or warranties with respect to credentials posted by Workers or suitability for employment of Workers.CFTB does not conduct credit checks, police checks or any other type of background check, unless specifically provided herein. Employers must exercise due diligence in determining suitability of Workers for employment. CFTB assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or account holder communications. CFTB is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the internet or at any web site or combination thereof.CFTB does not have any obligation to verify the identity of the person subscribing to its services, nor does it have any obligation to monitor the use of its services by other users and therefore CFTB disclaims all liabilities for identity theft or other misuse of your identity or other information.
23. Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event will CFTB be liable to Employers or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost earnings or profits arising from the use of cftb.ca, even if CFTB has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, CFTB’s liability to Employers for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by Employers to CFTB for the service during the Term of Use.
24. User Disputes. Employers are solely responsible for interactions with other cftb.ca users including Workers.
25. Indemnity. Employers agree to indemnify and hold CFTB, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of the use of cftb.ca in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of their representations and warranties set forth above.
26. General Provisions.
(i) All notices or other communications required to be given under this Agreement shall be in writing and sent by electronic mail to firstname.lastname@example.org or the email address attached to the user account. Notices shall be deemed to be received on the date of delivery.
(ii) You acknowledge, agree, and understand that, without prejudice to any and all remedies available to CFTB, an injunction may be the only effective remedy for any breach of certain the covenants contained herein and that CFTB would suffer irreparable harm and injury in the event of any such breach. Accordingly, you hereby agree that CFTB may apply for and have injunctive relief, including an interim or interlocutory injunction, in any court of competent jurisdiction to enforce any of its rights herein.
(iii) You further agree that CFTB may apply for and is entitled to said injunctive relief without having to prove damages, and is entitled to all costs and expenses, including reasonable legal costs.
(iv) If any provision of this Agreement is found to be invalid or unenforceable by a court or arbitrator of competent jurisdiction, such provision shall be deemed severed from this Agreement and the remainder shall remain in full force and effect.
(v) The failure of CFTB to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision
(vi) The section titles in this Agreement are for convenience only and have no legal or contractual effect.
(vii) Sections 7, 9, 11and 14 to 25 of this Agreement shall survive the termination or expiration of this Agreement.
(ix) This Agreement shall be binding upon the parties and their respective heirs, executors, administrators, successors and assigns.
(x)This Agreement shall be construed in accordance with the laws of the Province of Ontario